Every person who (a) is a citizen of the United States, (b)
is at least eighteen (18) of age, (c) has resided within the corporate
limits of the Town for thirty (30) days, and (d) is registered in
accordance with the provisions of this Charter, shall be a qualified
voter of the Town. Every qualified voter of the Town shall be entitled
to vote at any or all Town elections.
There shall be a Board of Supervisors of Elections, consisting
of three (3) members who shall be appointed by the Mayor with the
approval of the Council on or before the first Monday in March in
every second odd-numbered year. The terms of members of the Board
of Supervisors of Election shall begin on the first Monday in March
in the year in which they are appointed and shall run for four (4)
years. Members of the Board of Supervisors of Elections shall be qualified
voters of the Town and shall not hold or be candidates for any elective
office during their terms of office. The Board shall appoint one of
its members as Chairman. Vacancies on the Board shall be filled by
the Mayor with the approval of the Council for the remainder of the
unexpired term. The compensation of the members of the Board shall
be determined by the Council.
Any member of the Board of Supervisors of Elections may be removed
for good cause by the Council. Before removal, the member of the Board
of Supervisors of Elections to be removed shall be given a written
copy of the charges for removal. There shall be a public hearing on
the charges before the Council if the member of the Board requests
within ten (10) days after receiving the written copy of the charges.
The Board of Supervisors of Elections shall be in charge of
nominations and all Town elections. The Board may appoint election
clerks or other employees to assist it in any of its duties, but no
salary, expenses, or other compensation shall be paid to such appointees
except as provided by the Council.
The Board of Supervisors of Elections shall give at least two
(2) weeks notice of every election by an advertisement published in
at least one newspaper of general circulation in the Town and by posting
a notice thereof in some public place or places in the Town.
[Amended 7-1-2013 by Res.
No. 2013-04]
If a person shall feel aggrieved by the action of the Board
of Supervisors of Elections by any action, such person may appeal
to the Council. Any decision or action of the Council upon such appeals
may, in turn, be appealed to the Circuit Court for Kent County within
thirty (30) days of the decision or action of the Council.
(1)
Effective immediately. Every person who meets the qualifications
of Section 601 (a) — (c) of this Charter may register to vote
in Town elections with the Town Clerk-Treasurer anytime the Town office
is open, provided said registration occurs at least thirty (30) days
prior to any Town election. Registration books will close thirty (30)
days prior to any Town election and will not reopen until the day
after the election. Registration shall be permanent, and no persons
shall be entitled to vote in Town elections unless they are registered.
The Council is hereby authorized and directed, by ordinance, to adopt
and enforce any provisions necessary to establish and maintain a system
of permanent registration, and to provide for a re-registration when
necessary.
[Amended 7-1-2013 by Res.
No. 2013-04]
(2)
Effective January 1, 1990. According to the procedures prescribed
in the Annotated Code of Maryland, Election Law Article, § 3-403(a),
residents of the Town who are registered with the county to vote in
county, state and federal elections will also be qualified to vote
in Town elections. In addition, every person who resides in the Town
and is qualified to vote under the provisions of Section 601 (a) —
(c) of this Charter but who is not registered to vote in Kent County,
may register with the Board of Election Supervisors to vote in Town
elections. The Board of Election Supervisors shall maintain a supplemental
registration list of those Town residents desiring to vote in Town
elections who are not registered to vote in county, state, and federal
elections.
[Amended 7-1-2013 by Res.
No. 2013-04]
(3)
Absentee ballots shall be provided to registered voters who are unable
to be present at the polling place on the day of the election. The
Board of Supervisors of Elections, in accordance with state law, shall
determine whether an individual is eligible for an absentee ballot
and the procedures by which absentee ballots will be received by voters
and returned to election officials.
[Amended 7-1-2013 by Res.
No. 2013-04]
Persons may be nominated for elective office in the Town by
filing a certificate of nomination at the office of the Board of Supervisors
of Elections on or before the second Monday in April next preceding
the Town election. No person shall file for nomination to more than
one elective Town public office or to hold more than one elective
Town public office at any one time.
On the second Tuesday in May beginning in 1989 and every fourth
year thereafter, the qualified voters of the Town shall elect the
Mayor and two (2) persons as Councilmembers. On the second Tuesday
in May beginning in 1991 and every fourth year thereafter, the qualified
voters of the Town shall elect two (2) persons as Councilmembers.
The Mayor and the Councilmembers shall serve for terms of four (4)
years.
Upon a majority vote, the Mayor and Council may cause to be
placed on the ballot in any regular or special election, a question
to determine the opinion of the voters of the Town with respect to
any issue before the Town. Such vote shall be non-binding. Any proposed
question shall be certified by the Town Attorney and shall be submitted
to the Board of Supervisors of Elections at least 45 days before the
election upon which the question is to be placed on the ballot. Each
question shall contain (1) a question letter; (2) a brief descriptive
title; (3) a condensed statement of the purpose of the question; and
(4) the voting choices, which shall use "For and Against" clauses
to maintain uniformity on the ballot.
[1]
Editor's Note: This resolution also provided for the
renumbering of former Sections 610 through 616 as Sections 611 through
617, respectively.
It is the duty of the Board of Supervisors of Elections to provide
for each special and general election a suitable place or places for
voting and suitable ballot boxes and ballots and/or voting machines.
The ballots and/or voting machines shall show the name of each candidate
nominated for elective office in accordance with the provisions of
this Charter, arranged in alphabetical order by office with no party
designation of any kind. The Board of Supervisors of Elections shall
keep the polls open from 9:00 a.m. to 6:00 p.m. on election days or
for longer hours if the Council requires it.
All special Town elections shall be conducted by the Board of
Supervisors of Elections in the same manner and with the same personnel,
as far as practicable, as regular Town elections.
[Amended 7-1-2013 by Res.
No. 2013-04]
Within twenty-four (24) hours after the closing of the polls,
the Board of Supervisors of Elections shall determine the vote cast
for each candidate or question and shall certify the results of the
election to the Clerk-Treasurer of the Town who shall record the results
in the minutes of the Council. The candidate for Mayor with the highest
number of votes in the municipal election shall be declared elected
as Mayor. The two (2) candidates for Council members with the highest
number of votes in the municipal election shall be declared elected
as Councilmembers.
All ballots used in any Town election shall be preserved for
at least six (6) months from the date of the election.
In case of a vacancy on the Council for any reason, the Council
shall elect some qualified person to fill such vacancy for the unexpired
term. In case of a vacancy in the office of Mayor for any reason,
the Council shall elect some qualified person to fill the vacancy
for the remainder of the unexpired term. Any vacancies on the Council
or in the office of Mayor shall be filled by the favorable votes of
a majority of the remaining members of the Council. The results of
any such vote shall be recorded in the minutes of the Council.
The Council shall have the power to provide by ordinance in
every respect not covered by the provisions of this Charter for the
conduct of registration, nomination, and Town elections and for the
prevention of fraud in connection therewith, and for a recount of
ballots in case of doubt or fraud.
Any person who (a) fails to perform any duty required of them
under the provisions of this subtitle or any ordinances passed thereunder,
(b) in any manner wilfully or corruptly violates any of the provisions
of this subtitle or any ordinances passed thereunder, or (c) wilfully
or corruptly does anything which will or will tend to affect fraudulently
any nomination, or Town election, shall be deemed guilty of a misdemeanor.
Any Councilmember, officer, or employee of the Town government who
is convicted of a misdemeanor under the provisions of this section
shall immediately upon conviction thereof cease to hold such office
or employment.
